Law enforcement's uses of GPS technology

The military and private sector are not alone in their interests and reliance on GPS technology. Federal and state governments have also incorporated it into many of their domestic activities. Examples include tracking stranded motorists and predicting natural disasters such as earthquakes, tsunamis, hurricanes, etc. Such tracking allows for more effective emergency relief to victims.[1] Increasingly, law enforcement relies on and finds new uses for GPS technology to assist in monitoring and gathering evidence.[2] For example, sex offenders are outfitted with ankle monitors to track their movements 24 hours a day.

While there are many substantial benefits to the use of GPS technology, some have voiced concerns. Many of these concerns arise from the fact that law enforcement has used GPS technology without first obtaining a warrant to either attach the device or to monitor the suspect after the device has been attached.

Some legal scholars assert that a warrant ensures that the police have probable cause to believe that criminal activity is taking place or is imminent, thus preventing unwarranted intrusion into a person's freedom and private life.[7]

↑To illustrate the government's growing use of GPS technology in the area of criminal investigation, consider that "[i]n response to a Freedom of Information Act request, police in one Virginia locality reported that they used GPS devices in nearly 160 cases from 2005 to 2007." Id.

That the fantastic advances in the field of electronic communication constitute a great danger to the privacy of an individual; that indiscriminate use of such devices in law enforcement raises grave constitutional questions under the Fourth and Fifth Amendment; . . .